Law of Iraq
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The Republic of Iraq legal system is in a period of transition in light of the 2003 invasion and regime change that led to the fall of the Baath Party, and the current state of civil war and unrest. However, Iraq does have a written constitutional, civil, criminal and personal status law.
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[edit] Constitutional law
The current Constitution of Iraq was approved in a national referendum in October 2005 and stipulates the format of the new republican government, and the rights, and responsibilities of the Iraqi people.
The Constitution promises several civil liberties including freedom of speech, freedom of religion, freedom of peaceful assembly, freedom of expression, a free press, and a right to have a private life. All such personal liberties contain two main exemption clauses: the Iraqi national assembly has the power to define what these freedoms mean, and that no freedom may conflict with Islamic morality.[1]
Islam is the official state religion, and no law may be enacted or enforced that violates the "undisputed" teachings of Islam. An official English translation of the Iraqi Constitution is available online at the Iraqi government's homepage.
[edit] Criminal code
In 2003 Paul Bremer led the Coalition Provisional Authority (CPA) and issued a series of binding "regulations" "memorandums" and "orders". On 10 June 2003, Bremer issued "Order Number 7" that stipulated that the binding Iraqi Criminal or Penal Code would be the 1969 edition and that the Civil Code would be the 1971 edition.[2] Paul Bremer subsequently made some amendments to both operating legal codes to address concerns of public safety. An English translation copy of both codes can be viewed online at the Iraqi Special Tribunal's homepage. All the CPA rules and regulations are available at the CPA website until July of 2006.
Order Number 31 provides several amendments to the criminal code, including:
- The maximum penalty for kidnapping is life imprisonment, and the mitigating circumstances provided in Articles 426 Paragraphs 1 and 2 and 427 were repealed.
- The maximum penalty for rape and sexual assault in Article 393 is now life imprisonment.
- The maximum penalty for indecent assault in Article 396 is now fifteen years.
- The maximum penalty for the destruction of public utlities in Article 353 is now life imprisonment.
[edit] Civil Code
The Iraqi Civil Code was principally drafted by Abd al-Razzaq Al-Sanhūrī, a French-educated Egyptian jurist who was also the principal drafter of the Egyptian Civil Code. In 1943, almost a decade after the push for a comprehensive modern code began in Iraq, Al-Sanhūrī was invited to Iraq by the Iraqi government and asked to complete the Civil Code. Working as the chairman of a committee of Iraqi jurists, using the Egyptian Civil Code as a model, he completed a draft of what would become the modern Iraqi Civil Code. The Iraqi Civil Code was enacted on September 8, 1951 and became effective two years later on September 8, 1953.
The Iraqi Code is based on the French Code Civil. Although it incorporates Islamic elements, its overall structure and substance is principally based on continental civil law. Therefore, it shares common substance and legal theory with other legal systems based on that model such as Egypt, France, Ethiopia, Spain, Italy, and the state of Louisiana.
The Iraqi Civil Code is divided into a preliminary part and two main parts, each main part composed of two books. The preliminary part contains definitions and general principles that find application throughout the rest of the code. Part I of the Code and its two books address obligations in general and subelements of that area of law, such as contracts, torts, and unjust enrichment.Part II and its two books address property, ownership, and real rights.
[edit] Laws of personal status
The 1959 Iraqi Law of Personal Status (and the subsequent amendments to the law) governs the manner that religious courts may settle disputes among Muslims, Christians or Jews living in Iraq in the area of marriage, divorce, custody of children, inheritance, endowments and other similar religious matters. These rulings are binding, unless they conflict with some other provision of the Iraqi legal system.
Paul Bremer does not appear to have amended the 1959 Iraqi Law of Personal Status as he did with the Criminal and Civil Law, hence the law and its amendments that existed under Saddam Hessian would appear to be valid.
In 2003 the Iraqi Interim Governing Council issued Resolution 137 on 29 December that expanded the power of Muslim courts to rule in all disputes among Muslims concerning marriage and divorce. It would appear that this Resolution was overruled by Paul Bremer after domestic and international human rights groups protested the resolution on the grounds that the imposition of Islamic law would erode Iraqi women's rights.[3] No English translated copy of the current Iraqi Law for Personal Status exists online or of the various religious court verdicts.
[edit] Military law
The current basis for the organization and discipline of the Iraqi military originates from Bremer Order's Number 22 and 23 issued in 2003.
[edit] Election law
Paul Bremer legalized political parties and NGOs, and the specific rules regulating political parties were enacted by the 2004 Independent Electoral Commission of Iraq. Under these rules an Iraqi political party must register with the Commission in order to be entitled to have its endorsed candidates appear on the election ballot. Registration of a political party (aka "political entities") includes paying a filing fee of 2.5 million Iraqi dinars, a second party registration fee of 7.5 million dinars and petition signatures from five hundred Iraqi citizens.
[edit] International law
During the Baathist regime, the Iraqi government ratifed various international treaties and documents, although it is unclear if these ratifications will still exist.
[edit] See also
[edit] References
Constitution
Iraqi Civil and Criminal Law
- CPA Documents
- Iraqi Special Tribunal with online publication of the criminal and civil codes
- Iraqi Law with Emphasis on Corporate Law
- A history and analysis of Iraqi Civil Law
- From Baton Rouge to Baghdad: A Comparative Overview of the Iraqi Civil Code, 65 LA. L. REV. 131 (2004)
Iraqi Election Law
Personal Status Law/The Role of Islam in Iraqi Law
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